TERMS & CONDITIONS
1. General Glossary
1.1 In these conditions: “Design Consultant” means our representative who assists you in choosing the Goods; “Installer” means our representative who installs the Goods; “Contract” means the contract, comprising these conditions, and the Order (as defined below), for supply of Goods and Services; “Consumer” means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order (raised electronically and/or on paper) by you for the Goods and Services accepted by us; “you”/“your” means the Consumer submitting an order for Goods and Services; “Goods” means the blinds, window furnishings or other products to be supplied by us as noted in the Order; “Services” means the services relating to the installation of the Goods; “Survey” means the process by which detailed measurements and specifications are agreed for the Goods which may be completed when the Goods are chosen or require a subsequent visit by the Installer; “Order Confirmation Form” means the detailed specification schedule (raised electronically and/or on paper) of the products to be manufactured as agreed with the customer at the time of the Survey; “we”/“us”/“our”/“the Company” means Complete Shutters.
1.2 These conditions: will apply to all your purchases of Goods and Services (as those terms are defined below) from us; may only be changed in a document signed by one of our directors; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 By accepting the Contract you are confirming that you are a Consumer. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
2 Your Order for the Goods and Services
2.1 Once the Order has been agreed by you (electronically and/or on paper) and received by us, and a deposit received, the Order shall be deemed to have been accepted by us.
2.2 All Orders are subject to a Survey. Should the results of the Survey identify amendments to the Order which would change the price then we will notify you of such price change whereupon you have the right to proceed with, or cancel the Order at your discretion.
2.3 The Survey process will require you to approve the final design of the Goods. By you agreeing to the specification for the Goods and authorising us to manufacture the Goods to this specification, the order cannot be changed after this point.
2.4 Should a separate Survey visit be required, it is agreed that whoever you arrange to attend the Survey and will be acting as your agent and their authorisation of the specification of the Goods will be binding upon you.
2.5 Should you fail to allow access to the property to conclude the Survey within a period of 2 months, then the contract will be deemed void and the deposit will be forfeited.
2.6 Where the Order is purchased on credit terms, we will supply you with the relevant contractual documentation. The Agreement is regulated by the Consumer Credit Act 1974 and you will have certain rights to cancel under that Act. Please see the credit agreement documents for further details.
2.7 By placing the Order you authorise us, at our discretion to carry out credit references or other enquiries of your financial status and you shall provide, upon request, any written authorisation which may be required for the purpose of such enquiries.
2.8 You warrant to us that you: have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and will supply us with such information, rights of access, and mains electricity that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation where you notify us about a problem with the same.
3 Price and payment
3.1 The price for the Goods and Services is stated on the Order. All prices are inclusive of the cost of delivery.
3.2 A deposit (which depending upon order value may be upto 100% of the agreed price) shall be payable upon signing this agreement. This payment shall be forfeited to the Company on account of damages in the event of the customer’s breach of contract. In the event that cleared funds are not received for the deposit payment (for example if your card declines or your cheque bounces) we may request full payment before any installation of goods take place.
3.3 Unless credit terms have been agreed with us in writing or payment in-full has been made on placing the order, payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation (after expiry of the period set out at condition 9ii) or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
3.4 Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law: withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods at any time.
3.5 Orders that remain unpaid after the completion of the Services shall be subject to an interest charge of 4% a year above the Bank of England base rate. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.
You must pay us interest and any reasonable costs together with the overdue amount.
3.6 In the event that your final balance payment is not received, for example if your card declines or your cheque bounces, or if you fail to make payment once fitting has taken place, we may instruct internal or external debt collectors to collect the monies due from you under this contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest, and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector.
3.7 In the event that singular items on the order arrive damaged or are incorrect, the cost of these items will be deducted from the final balance until rectified, the remaining completed item balance will still be due
4 Delivery of the Goods and supply of the Services
4.1 We will deliver the Goods and supply the Services to the place noted in the Order.
4.2 Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled fitting appointment) sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control. The Order relates to a made-to-measure product which is exempt from delivery within a 30 day period, as the delivery time for a made-to-measure product may vary by several weeks.
4.3 Where you fail to meet and/or agree the delivery date, full payment must be made. We will not accept postponement of fitting unless full payment is received.
4.4 It is a condition of these terms that access to the property is made available at the mutually agreed dates for Survey, installation and service calls. In order to ensure safe working practices, it is a condition of these terms that the area in which the works are to be carried out is cleared of but not limited to pets, plants, furniture, breakable items and household residents. The company requires 24 hours’ notice of a cancelled appointment.
4.5 For larger Orders it may be necessary for Goods to be delivered to the property prior to the installation date. We will inform you where this is necessary and you will be responsible for facilitating such a delivery.
4.6 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations and/or the obligations set out at condition 6 under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
4.7 Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These regulations make it mandatory that all blinds should be fitted with appropriate safety devices. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the Goods. In such circumstances, you will remain liable for the full cost of the Goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty.
5 Warranties for the Goods and Services
Subject to conditions 5.3 and 5.4:
5.1 We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Technical Order Confirmation Form relating to your Order and which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1, we will either remedy the defect in question or re-supply the defective Services.
5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to
withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.4 Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, performance of the product is unimpaired and the warranties provided in this condition 5 shall not apply in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.
5.5 Subject to condition 5.4 and to the receipt of payment in full for your order we offer a 5 Year warranty on all Goods and Services supplied. The warranty time period starts from the day the goods are fitted. Upon notification of a claim under warranty we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any misuse or modification). It is possible that Goods replaced under either the warranty or Peace of Mind Package due to fault may no longer exactly match other Goods in that order due to fading. Should this be the case the Company does not accept any liability to replace non-faulty product solely to ensure colour match.
5.7 In order for us to complete any repairs required under warranty we will require access to your property at a mutually convenient time. Failure to provide such access will be deemed a frustration of the contract and our obligations as set out within clause 5 will cease.
6 Limitation of liability
6.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
6.2 Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees, Design Specialists or Installers; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.
6.3 We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the Goods does not breach any leasehold, planning regulations or warranties that you may hold.
6.4 In order to install the goods, holes will be made in the fabric of the structure. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed.
7 Delay or failure to perform
7.1 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: delays caused by our suppliers, shipping delays, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
8.1 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
8.2 Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
8.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
8.4 The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
8.5 Risk in the Goods passes upon delivery and fitting, but title will only pass to the customer upon payment in full being made.
8.6 Any communication to Complete Shutters, 128b George Lane, South Woodford, London, E18 1AD
8.7 Details for our written complaints procedure can be requested by writing to us at the above address.
9 Notice of the Right to Cancel
i) The goods are bespoke and made-to-measure to your requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and hence you will not be able to cancel your Order once placed (subject to clause 9(ii) below). This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
ii) Notwithstanding clause 9(i) above, Complete Shutters accept cancellations of Orders placed provided that notice of cancellation is received within two calendar days starting with the date the Order is placed. Your cancellation must be received by email to firstname.lastname@example.org.
iii) The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 9(ii) above.
iv) Any related Credit Agreement will automatically be cancelled if you cancel this Contract.
v) This Contract is with Complete Shutters.
10.1 Save as to clause 2.4, you may not transfer any of your rights or obligations within the contract to another person without our prior written consent. The request must be received in writing to Customer Services, Complete Shutters, 128b George Lane, South Woodford, London, E18 1AD